Andhra Pradesh High Court - Amravati
Koyya Sandya vs The State Of Andhra Pradesh on 7 November, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 25230 OF 2024
Between:
1. Koyya Sandya, D/o Sattibabu, Aged 21 years, Village Organization
Assistant, R/o Patha Perumallapuram Village, K.P. Puram Panchayat,
Thondangi Mandal, Kakinada District. A.P
2. Ambujalapu Varalakshmi, W/o Kapil Kumar, Aged 26 years, Village
Organization Assistant, R/o D.No. 1-1, Buchiyyapeta Village, K.P.Puram
Panchayat Thondangi Mandal Kakinada District.
3. Ambujalapu Lakshmi Parvathi, W/o Srinivasu, Aged 27 years. Village
Organization Assistant, R/o D.No. 1-1, Gaddipeta Village, Thondangi
Mandal, Kakinada District.
4. Siripina Lakshmi, W/o Srinivas, Aged 32 years. Village Organization
Assistant, R/o Dr.No.1-1, Chinthakayalapeta Village, K.P.Puram
Panchayat, Thondangi Mandal, Kakinada District.
5. Mailapalli Durga, D/o Devudu, Aged 27 years. Village Organization
Assistant, R/o D.No.5-69, Kothapeta Village, Thondangi Mandal,
Kakinada District. A.P.
6. Mailapalli Sarojini, W/o Bapooji, Aged 30 years. Village Organization
Assistant, R/o. Dr.No.5-36, Ramalayam Street, Yellayyapeta Village
Thondangi Mandal, Kakinada District.
7. Vanaparti Varalakshmi, W/o Bapiraju, Aged 25 years. Village
Organization Assistant, R/o. Dr. No. 4-58, P. Agraharam Village,
Thondangi Mandal, Kakinada District, (dismissed as "withdrawn" as
per Court's order dated 07.11.2024)
/
8. Kalina Satyavathi, W/o Nageswara Rao, Aged 35 years, Village
Organization Assistant, R/o D.No.3-104, Gollapeta, Thonandi Village,
Thondangi Mandal, Kakinada District.
(Writ Petition is Dismissed as "WITHDRAWN" against the Petitioner
No.7 as per the Court's Order dated 07.11.2024 in WP.No.25230 of
2024 in the Petition & Affidavit)
...PETITIONERS
AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Panchayat
Raj and Rural Development Department, Secretariat Buildings,
Nelapadu, Thulluru Mandal, Guntur District.
2. The District Collector-cum-Executive Chairman, District Rural
Development Agency (DRDA), Kakinada District.
3. The Chief Executive Officer, Society for Elimination of Rural Poverty
(SERP), Department of Rural Development, 2nd Floor, NTR
Administrative Block, Pandit Nehru Bus Station, Vijayawada, NRT
District.
4.
The Project Director, District Rural Development Agency Kakinada
District Andhra Pradesh.
5.
The Assistant Project Manager, District Rural Development Agency,
Thondangi Mandal, Kakinada District.
6. The Cluster Co-Ordinator, (A.V Nagaram, Vemavaram, Thondangi),
District Rural Development Agency, Thondangi Mandal, Kakinada
District.
7.
P Perumallapuram Women Village Organization, Mutually Aided
Cooperative Thrift Society Limited., P Perumallapuram, Rep.by its
President Baddi Appala Kondamma P Perumallapuram Village,
Thondangi Mandal, Kakinada District.
8.
Buchiyyapeta Village Organization Mutually, Aided Coop. Thrift and
Credit Society Ltd., Buchiyyapeta, Rep.by its President Yadala
Nagalakshmi, Buchiyyapeta Village, Thondangi Mandal, Kakinada
District.
9. Ramaraopeta Village Organization Mutually Aided Coop., Thrift and
Credit Society Ltd., Perumallapuram, Rep.by its President Koyya
Lovalakshmi, Perumallapuram Village, Thondangi Mandal, Kakinada
District.
10. K.P.Puram-3, Village Organization Mutually Aided Coop. Thrift
and Credit Society Ltd., K.P.Puram, Rep.by its President Pydisetti Bujji,
K.P Puram Village, Thondangi Mandal, Kakinada District.
11. Kothapeta Village Organization Mutually Aided Coop., Thrift and
Credit Society Ltd., Kothapeta, Rep.by its President Relangi Satyaveni,
Kothapeta Village, Thondangi Mandal, Kakinada District.
12. Danavaipeta Women Village Organization Mutually Aided
Cooperative Thrift Society Ltd., Danavaipeta, Rep.by its President
Perumalli Adilakshmi, Danavaipeta Village, Thondangi Mandal,
Kakinada District.
13. P.Agraharam Women Village Organization Mutually Aided
Cooperative, Thrift and Credit Society Limited., P.Agraharam, Rep.by its
President Madine Subbalakshmi, P. Agraharam Village, Thondangi
Mandal, Kakinada District.
14. Thondangi Women Village Organization Mutually Aided
Cooperative, Thrift Society Limited, Thondangi. Rep.by its President M
Vijaya Lakshmi. Thondangi Village and Mandal, Kakinada District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a writ, order or orders more particularly one in the
nature of WR/T OF MANDAMUS declaring the action of the Respondent
Nos. 5 and 6 in interfering with the duties of the petitioners by giving oral
instructions not to attend the duties of the petitioners as Village Organizer
Assistants (VOAs) of Respondent Nos. 7 to 14 organizations respectively
without issuing any notice or order is illegal, arbitrary and violative of
principles of natural justice and violative of Articles 14 and 21 of the*
5 and 6
Constitution of India and Consequently direct the Respondent Nos.
not to interfere with the duties of 1) the 1 petitioner as VOA of
P Perumallapuram Women Village Organization Mutually Aided Cooperative
Thrift Society Limited., P Perumallapuram, Thondangi Mandal, Kakinada
petitioner as VOA of Buchiyyapeta Village Organization
District 2) the 2
nd
Mutually Aided Coop. Thrift and Credit Society Ltd. Buchiyyapeta,
Thondangi Mandal, Kakinada District 3) the 3 petitioner as VOA of
Ramaraopeta Village Organization Mutually Aided Coop. Thrift and Credit
Society Ltd., Perumallapuram, Thondangi Mandal, Kakinada District 4) the
4'^ petitioner as VOA of K.P.Puram-3 Village Organization Mutually Aided
Coop. Thrift and Credit Society Ltd. K.P.Puram, Thondangi Mandal,
Kakinada District 5) the 5'^ petitioner as VOA of Kothapeta Village
Organization Mutually Aided Coop. Thrift and Credit Society Ltd., Kothapeta,
Thondangi Mandal, Kakinada District 6) the 6 petitioner as VOA of
Danavaipeta Women Village Organization Mutually Aided Cooperative Thrift
Society Ltd., Danavaipeta, Thondangi Mandal, Kakinada District 7) the 7*^
petitioner as VOA of P.Agraharam Women Village Organization Mutually
Aided Cooperative Thrift and Credit Society Limited., P.Agraharam,
Thondangi Mandal, Kakinada District and 8) the 8'*^ petitioner as VOA of
Thondangi Women Village Organization Mutually Aided Cooperative Society
Limited, Thondangi Village, Thondandi Mandal, Kakinada District.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased may be pleased direct the Respondent Nos. 5 and 6 not to interfere
with the duties of; 1) the 1®' petitioner as VOA of P Perumallapuram Women
Village Organization Mutually Aided Cooperative Thrift Society Limited., P
Perumallapuram, Thondangi Mandal, Kakinada District; 2) the 2""* petitioner
as VOA of Buchiyyapeta Village Organization Mutually Aided Coop. Thrift
'and Credit Society Ltd., Buchiyyapeta, Thondangi Mandal, Kakinada District;
3) the 3"'^ petitioner as VGA of Ramaraoeta Village Organization Mutually
Aided Coop. Thrift and Credit Society Ltd., Perumallapuram, Thondangi
Mandal, Kakinada District; 4) the 4 petitioner as VGA of K.P.Puram-3
Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd.,
K.P.Puram, Thondangi Mandal, Kakinada District; 5) the 5'^ petitioner VGA
of Kothapeta Village Organization Mutually Aided Coop. Thrift and Credit
Society Ltd., Kothapeta, Thondangi Mandal, Kakinada District; 6) the
petitioner as VGA of Danavaipeta Women Village Organization Mutually
Aided Cooperative Thrift Society Ltd., Danavaipeta, Thondangi Mandal,
Kakinada District; and 7) the 7"^ petitioner as VGA of P.Agraharam Women
Village Organization Mutually Aided Cooperative Thrift and Credit Society
Limited, P.Agraharam, Thondangi Mandal, Kakinada District, 8) the 8
petitioner as VGA of Thondangi Women Village Organization Mutually Aided
Cooperative Society Limited, Thondangi Village, Thondandi Mandal,
Kakinada District pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI YADAVALLI RAMESH
Counsel for the Respondents; SRI R.S.MANIDHAR PINGALI, ASST.GP
FOR SERVICES-IV
The Court made the following; ORDER
SRSJ
W.P.No.25230 of 2024
APHC010488792024
IN THE HIGH COURT OF ANDHRA PRADESH
■Vi AT AMARAVATI [3331]
(Special Original Jurisdiction)
THURSDAY ,THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 25230/2024
Between;
1.KOYYA SANDYA, D/0 SATTIBABU, AGED 21 YEARS, VILLAGE
ORGANIZATION ASSISTANT, R/0 PATHA PERUMALLAPURAM
VILLAGE, K.P. PURAM PANCHAYAT THONDANGI MANDAL,
KAKINADA DISTRICT. A.P
2.AMBUJALAPU VARALAKSHMI,, W/0 KAPIL KUMAR, AGED 26
YEARS. VILLAGE ORGANIZATION ASSISTANT, R/0 D.NO. 1-1,
BUCHIYYAPETA VILLAGE, K.P.PURAM PANCHAYAT THONDANGI
MANDAL KAKINADA DISTRICT.
3.AMBUJALAPU LAKSHMI PARVATHI,, W/0 SRINIVASU, AGED 27
YEARS. VILLAGE ORGANIZATION ASSISTANT, R/0 D.NO. 1-1,
GADDIPETA VILLAGE, THONDANGI MANDAL, KAKINADA
DISTRICT.
4.SIRIPINA LAKSHMI,, W/0 SRINIVAS, AGED 32 YEARS. VILLAGE
ORGANIZATION ASSISTANT, R/0 DR.NO.1-1,
CHINTHAKAYALAPETA VILLAGE, K.P.PURAM PANCHAYAT,
THONDANGI MANDAL, KAKINADA DISTRICT.
5.MAILAPALLI DURGA,, D/0 DEVUDU, AGED 27 YEARS. VILLAGE
ORGANIZATION ASSISTANT, R/0 D.NO.5-69, KOTHAPETA
VILLAGE, THONDANGI MANDAL, KAKINADA DISTRICT. A.P
6.MAILAPALLI SAROJINI,, W/0 BAPOOJI, AGED 30 YEARS. VILL
ORGANIZATION ASSISTANT, R/0. DR. NO.5-36, RAMALAYAM
STREET, YELLAYYAPETA VILLAGE THONDANGI MANDAL,
Page 2 of 10
KAKINADA DISTRICT.
7.VANAPARTI VARALAKSHMI,, W/0 BAPIRAJU, AGED 25 YEARS.
VILLAGE ORGANIZATION ASSISTANT, R/0. DR. NO. 4-58, P.
AG RAH ARAM VILL
8.KALINA SATYAVATHI,, W/0 NAGESWARA RAO, AGED 35 YEARS
VILLAGE ORGANIZATION ASSISTANT, R/0 D.NO.3-104,
GOLLAPETA, THONANDI VILLAGE, THONDANGI MANDAL,
KAKINADA DISTRICT.
...PETITIONER{S)
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT SECRETARIAT BUILDINGS, NELAPADU
THULLURU MANDAL, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTORCUMEXECUTIVE CHAIRMAN,
DISTRICT RURAL DEVELOPMENT AGENCY (DRDA), KAKINADA
DISTRICT.
3. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR ELIMINATION
OF RURAL POVERTY (SERP), DEPARTMENT OF RURAL
DEVELOPMENT, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK,
PANDIT NEHRU BUS STATION, VIJAYAWADA, NRT DISTRICT.
4. THE PROJECT DIRECTOR, DISTRICT RURAL DEVELOPMENT
AGENCY KAKINADA DISTRICT ANDHRA PRADESH.
5. THE ASSISTANT PROJECT MANAGER, DISTRICT RURAL
DEVELOPMENT AGENCY, THONDANGI MANDAL, KAKINADA
DISTRICT.
6. THE CLUSTER COORDINATOR, (A.V NAGARAM, VEMAVARAM,
THONDANGI) DISTRICT RURAL DEVELOPMENT AGENCY,
THONDANGI MANDAL, KAKINADA DISTRICT.
7. P PERUMALLAPURAM WOMEN VILLAGE ORGANIZATION,
MUTUALLY AIDED COOPERATIVE THRIFT SOCIETY LIMITED., P
PERUMALLAPURAM, REP.BY ITS PRESIDENT BADDI APPALA
SRSJ
W.P.No.25230 of 2024
KONDAMMA P PERUMALLAPURAM VILLAGE, THONDANGI
MANDAL, KAKINADA DISTRICT.
8. BUCHIYYAPETA VILLAGE ORGANIZATION MUTUALLY, AIDED
COOP. THRIFT AND CREDIT SOCIETY LTD., BUCHIYYAPETA,
REP.BY ITS PRESIDENT YADALA NAGALAKSHMI,
BUCHIYYAPETA VILLAGE, THONDANGI MANDAL, KAKINADA
DISTRICT.
9. RAMARAOPETA VILLAGE ORGANIZATION MUTUALLY AIDED
COOP, THRIFT AND CREDIT SOCIETY LTD., PERUMALLAPURAM,
REP.BY ITS PRESIDENT KOYYA LOVALAKSHMI,
f
PERUMALLAPURAM VILLAGE, THONDANGI MANDAL, KAKINADA
DISTRICT.
10.K P PURAM3, VILLAGE ORGANIZATION MUTUALLY AIDED COOP.
THRIFT AND CREDIT SOCIETY LTD., K.P.PURAM, REP.BY ITS
PRESIDENT PYDISETTI BUJJI, K.P PURAM VILLAGE, THONDANGI
MANDAL, KAKINADA DISTRICT.
11.KOTHAPETA VILLAGE ORGANIZATION MUTUALLY AIDED COOP,
THRIFT AND CREDIT SOCIETY LTD., KOTHAPETA, REP.BY ITS
PRESIDENT RELANGI SATYAVENI KOTHAPETA VILLAGE,
THONDANGI MANDAL, KAKINADA DISTRICT.
12.DANAVAIPETA WOMEN VILLAGE ORGANIZATION MUTUALLY
AIDED COOPERATIVE THRIFT SOCIETY LTD, DANAVAIPETA,
REP.BY ITS PRESIDENT PERUMALLI ADILAKSHMI,
DANAVAIPETA VILLAGE, THONDANGI MANDAL, KAKINADA
DISTRICT.
13.P AGRAHARAM WOMEN VILLAGE ORGANIZATION MUTUALLY
AIDED COOPERATIVE, THRIFT AND CREDIT SOCIETY LIMITED.,
P.AGRAHARAM, REP.BY ITS PRESIDENT MADINE
SUBBALAKSHMI P. AGRAHARAM VILLAGE, THONDANGI
MANDAL, KAKINADA DISTRICT.
14.THONDANGI WOMEN VILLAGE ORGANIZATION MUTUALLY
AIDED COOPERATIVE, THRIFT SOCIETY LIMITED, THONDANGI.
REP.BY ITS PRESIDENT M VIJAYA LAKSHMI. THONDANGI
VILLAGE AND MANDAL, KAKINADA DISTRICT.
Page 4 of 10
W.P.No.25230 0^
>
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a writ, order or orders more particularly one in the nature of
writ of Mandamus declaring the action of the Respondent Nos. 5 and 6 in
interfering with the duties of the petitioners by giving oral instructions not to
attend the duties of the petitioners as Village Organizer Assistants (VOAs) of
Respondent Nos. 7 to 14 organizations respectively without issuing any
notice or order is illegal, arbitrary and violative of principles of natural justice
and violative of Articles 14 and 21 of the Constitution of India and
Consequently direct the Respondent Nos. 5 and 6 not to interfere with the
jjties of 1) the 1st petitioner as VGA of P Perumallapuram Women Village
Organization Mutually Aided Cooperative Thrift Society Limited., P
Perumallapuram, Thondangi Mandal, Kakinada District 2) the 2nd petitioner
as VGA of Buchiyyapeta Village Organization Mutually Aided Coop. Thrift and
Credit Society Ltd., Buchiyyapeta, Thondangi Mandal, Kakinada District 3)
the 3rd petitioner as VGA of Ramaraopeta Village Organization Mutually
Aided Coop. Thrift and Credit Society Ltd., Perumallapuram, Thondangi
Mandal, Kakinada District 4) the 4th petitioner as VGA of K.P.Puram-3
Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd.,
K.P.Puram, Thondangi Mandal, Kakinada District 5) the 5th petitioner as
VGA of Kothapeta Village Organization Mutually Aided Coop. Thrift and
Credit Society Ltd., Kothapeta, Thondangi Mandal, Kakinada District 6) the
6th petitioner as VGA of Danavaipeta Women Village Organization Mutually
Aided Cooperative Thrift Society Ltd., Danavaipeta, Thondangi Mandal,
Kakinada District 7) the 7th petitioner as VGA of P.Agraharam Women
Organization Mutually Aided Cooperative Thrift and Credit Society
...iii.i.ed., P.Agraharam, Thondangi Mandal, Kakinada District and 8) the 8th
petitioner as VGA of Thondangi Women Village Organization Mutually Aided
Cooperative Society Limited, Thondangi Village, Thondandi Mandal,
Kakinada District and to pass such
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
may be pleased direct the Respondent Nos. 5 and 6 not to interfere with the
" duties of: 1) the 1st petitioner as VOA of P Perumallapuram Women Village
Organization Mutually Aided Cooperative Thrift Society Limited., P
jge 5 of 10 SRSJ
W.P.No.25230of 2024
L- -
Pemmallapuram, Thondangi Mandal, Kakinada District; 2) the 2nd petitioner
as VGA of Buchiyyapeta Village Organization Mutually Aided Coop. Thrift and
Credit Society Ltd., Buchiyyapeta, Thondangi Mandal, Kakinada District; 3)
the 3rd petitioner as VOA of Ramaraoeta Village Organization Mutually
Aided Coop. Thrift and Credit Society Ltd., Perumallapuram, Thondangi
Mandal, Kakinada District; 4) the 4th petitioner as VOA of K.P.Puram-3
Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd.,
K.P.Puram, Thondangi Mandal, Kakinada District; 5) the 5*'" petitioner VOA
of Kothapeta Village Organization Mutually Aided Coop. Thrift and Credit
Society Ltd., Kothapeta, Thondangi Mandal, Kakinada District; 6) the 6"^
petitioner as VOA of Danavaipeta Women Village Organization Mutually
Aided Cooperative Thrift Society Ltd., Danavaipeta, Thondangi Mandal,
Kakinada District; and 7) the petitioner as VOA of P.Agraharam Women
Village Organization Mutually Aided Cooperative Thrift and Credit Society
Limited., P.Agraharam, Thondangi Mandal, Kakinada District; 8) the 8th
petitioner as VOA of Thondangi Women Village Organization Mutually Aided
Cooperative Society Limited, Thondangi Village, Thondandi Mandal,
Kakinada District pending disposal of the above writ petition and to pass such
Counsel for the Petitioner(S):
1.YADAVALLI RAMESH
Counsel for the Respondent(S):
1.GP FOR SERVICES IV
The Court made the following:
ORDER
Petitioners eight in number, working as Village Organization Agents (VOAs) / Sangamitras in their respective societies, filed the above writ petition to declare the action of respondent Nos.5 and 6 in not allowing the petitioners to discharge their duties, without issuing any notice, as illegal and arbitrary.
2. Heard Sri Yadavalli Ramesh, learned counsel for the petitioner and S' R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for the respondents.
"age 6 of 10 W.P.No.25230ot.
3. At the hearing learned counsel for the petitioners, sought permission to withdraw the writ petition insofar as petitioner No.7 concerned, with liberty to file fresh writ petition.
4. Permission is accorded.
5. The Writ Petition is dismissed as withdrawn, insofar as petitioner No.7 is concerned, with the liberty to file fresh writ petition.
6. Learned counsel for the petitioners would further submit that petitioners 1 to 6 and 8 were elected as VOAs in their respective societies on 11.08.2019, '^1,09,2019, 11.08.2019, 10.09.2021, 26.12.2014, 26.12.2019 and 28.06.2019 dspectively and as per the certificates under Ex.P3, petitioners 1 to 6 and 8 have been discharging their duties as VOAs in the respective societies. Due to the change in Government, respondent Nos.5 and 6 are not allowing the petitioners to discharge their duties as VOAs.
7. Learned Assistant Government Pleader for Services, on oral instructions would submit that the official respondents are not interfering with the petitioners' discharging duties as VOA, given the Circular No.64- 7/SERP/IB/2019 dated 29.08.2019 issued by Principal Secretary, SERP.
8. The Societies where the petitioners have been discharging duties, as VOAs, are registered under Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995. Individual or Cooperative societies intending to form into Cooperative Societies under the aforementioned Act, shall frame bye-laws conforming to the principles of cooperation. The membership of a society shall be voluntary and without restrictions of any social, political, rational or religious discrimination to all persons who can make use of its services and are willing to accept the responsibilities of membership. Members of primary Cooperative Societies shall enjoy equal rights of voting and participation in decisions affecting their Cooperative Societies. Section 4 of the Act speaks about the jge 7 of 10 SRS,J W.P.No.25230 of 2024 ¥ ■ registration of the society and Section 5 prescribes that the society is a body corporate.
9. The members of the society, normally, elect one among them as Village Organization Assistant, by a resolution and pay salary to the said individual. The Society for Elimination of Rural Poverty, Department of Rural Development, State of Andhra Pradesh, represented by its CEO, is constituted by the State to implement the schemes for elimination of rural poverty as proposed by the Union of India as well as the Government of Andhra Pradesh, by issuing circulars from time to time, regarding appointment of Village Organization Assistants, qualifications, procedure for selection, termination, method of payment, duties and obligations. One of those circulars is circular No.64-/SERP/IB/2018 dated 26.11.2018. Thereafter, another Circular No.64-7/SERP/IB/2019 dated 29.08.2019 was issued by Principal Secretary, SERP.
10. A perusal of the 2019 circular would manifest that to alleviate poverty and for women empowerment, 27,841 societies were formed in terms of the provisions of A.P.Mutually Aided Co-operative Societies Act, 1995; that those societies are autonomous bodies; that selection, removal and duties of VOA etc., are within the purview of the members of the Society; that the duties and responsibilities of the Staff of the Village Organization are described in Section 25 of the Act; that the staff members of the Village Organization are answerable and accountable to the Village Organization and their appointment, removal and performance of duties, are as per the bye-laws, rules and regulations framed by the Executive Committee of the Village Organization.
11. The said circular further prescribes that the staff of the CBO/Projeci should work for development and to achieve financial stability of the Village Organization and they should cooperate and facilitate the development of the Page 8 of 10 W.P.No.25230 o\, Village Organization and shall not influence or interfere with the decisions of the society, (emphasis is mine)
12. The circular further prescribes that the staff members of the Village Organization should not indulge in the decision-making process and that the appointments, removal, duties and responsibilities of Sangamitra/ VOA/Animator, are to be done by the Village Organization. As per the note in the circular, dated 29.08.2019, it was clarified that no other circulars be issued at the district level. Circular dated 29.08.2019, will be in force till another circular is issued.
13. Thus, as seen from the aforementioned circular, the appointment/selection of VOA and their discharge of duties, the official respondents are nothing to do with that procedure. The members of the Society got the right either to elect/appoint or removal of VOA. If any VOA is removed by a resolution of the Society, the remedy of that individual is in a different forum but not a writ petition. The aforementioned circular issued by the Principal Secretary commands no interference of the officials with the society's decision-making process except to facilitate.
14, The instructions of the learned Assistant Government pleader would manifest that the officials are not interfering. Learned Assistant Government Pleader for Services would submit that circular dated 29.08.2019 is in force to
15. Since the averment was made in the affidavit, that official respondents are interfering with the discharging duties, this Court, on instructions of the learned Assistant Government Pleader, is passing the following order.
16. Given the facts and circumstances of the case coupled with the aforementioned circular issued by the Principal Secretary, SERP, and the oral instructions of the learned Assistant Government Pleader for Services, this Page 9 of 10 W.P.No.25230 of ' Writ Petition is disposed of at the admission stage, with the consent of the learned counsel on either side, in respect of petitioners 1 to 6 and 8, directing the respondent Nos.5 and 6, not to interfere with their discharging duties as VOAs. However, this order will not preclude the respondent authorities from acting as per the Rules. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
SD/- K. TATA RAO^ DEPUTY registrar //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Panchayat Raj & Rural Development Department, State of Andhra Pradesh Secretariat Buildings, Nelapadu Thulluru Mandal, Guntur District.
2. The District Collector-cum-Executive Chairman, District Rural Development Agency (DRDA), Kakinada District.
3. The Chief Executive Officer, Society for Elimination of Rural Poverty (SERP), Department of Rural Development, 2"''* Floor, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada, NRT District.
4. The Project Director, District Rural Development Agency Kakinada District Andhra Pradesh.
5. The Assistant Project Manager, District Rural Development Agency, Thondangi Mandal, Kakinada District.(BY RPAD)
6. The Cluster Co-Ordinator, (A.V Nagaram, Vemavaram, Thondangi), District Rural Development Agency, Thondangi Mandal, Kakinada District. (BY RPAD) <fe-
7. The President Baddi Appala Kondamma P Perumallapuram Village, P Perumallapuram Women Village Organization, Mutually Aided Cooperative Thrift Society Limited., P Perumallapuram, Thondangi Mandal, Kakinada District.
8. The President Yadala Nagalakshmi, Buchiyyapeta Village, Buchiyyapeta Village Organization Mutually, Aided Coop. Thrift and Credit Society Ltd., Buchiyyapeta, Thondangi Mandal, Kakinada District.
9. The President Koyya Lovalakshmi, Perumallapuram Village, Ramaraopeta Village Organization Mutually Aided Coop., Thrift and Credit Society Ltd., Perumallapuram, Thondangi Mandal, Kakinada District.
10. The President Pydisetti Bujji, K.P Puram Village, K.P.Puram-3, Village Organization Mutually Aided Coop. Thrift and Credit Society Ltd., K.P.Puram, Thondangi Mandal, Kakinada District.
11. The President Relangi Satyaveni, Kothapeta Village, Kothapeta Village Organization Mutually Aided Coop., Thrift and Credit Society Ltd., Kothapeta, Thondangi Mandal, Kakinada District.
12. The President Perumalli Adilakshmi, Danavaipeta Village, Danavaipeta Women Village Organization Mutually Aided Cooperative Thrift Society Ltd., Danavaipeta, Thondangi Mandal, Kakinada District.
13. The President Madine Subbalakshmi, P. Agraharam Village, P.Agraharam Women Village Organization Mutually Aided Cooperative Thrift and Credit Society Limited., P.Agraharam, Thondangi Mandal, Kakinada District.
14. The President M Vijaya Lakshmi, Thondangi Village & Mandal, Thondangi Women Village Organization Mutually Aided Cooperative, Thrift Society Limited, Thondangi. Kakinada District.
15. One CC to Sri Yadavalli Ramesh, Advocate [OPUC]
16. Two CCs to GP for Services-IV, High Court of Andhra Pradesh.
[OUT]
17. Two CD Copies.
gi I HIGH COURT *1 :07/11/2024 ORDER Sf ANo>i3^ 1G NOV TIS WP.No.25230 of 2024 o g ^ . Current Section W^IS DISMISSED AS "WITHDRAWN"AGAINST THE PETITIONER No.7 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS